Can Children Be Obliged to Pay Alimony to Parents in Poland — When Is It Actually Possible
From time to time, the Consular Section of the Embassy of Ukraine in the Republic of Poland receives inquiries about whether adult children can be obliged to support their parents.
Although such a possibility is indeed provided for in Polish law, it is not automatic.
According to the Family and Guardianship Code of the Republic of Poland, the alimony obligation extends to relatives in a direct line — both from parents to children and from children to parents.
The court assesses both the needs of the parents and the actual financial capabilities of the children, including whether they have their own family, children to support, health status, and other significant circumstances.
At the same time, the mere fact of kinship does not automatically create an alimony obligation. According to Article 133 § 2 of the Code, the right to alimony belongs to a person who is in a state of need (niedostatek), meaning they cannot independently provide for their basic life needs.
According to Article 135 § 1 of the Code, when determining the scope of the alimony obligation, the court takes into account:
- the justified needs of the person claiming alimony;
- the property status and income of that person;
- the earning and property capabilities of the person required to pay alimony.
Thus, each case is considered individually, taking into account the specific circumstances.
Polish legislation also provides safeguards against abuse: in exceptional cases, the court may apply the principles of social coexistence when resolving disputes regarding alimony obligations.
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